Care Proceedings

If a local authority is concerned about the care provided to a child it can take care or supervision proceedings in relation to that child.

A court can only make a care or supervision order if it is satisfied that the following conditions are met:

• that the child is suffering or is likely to suffer significant harm, and
  
  
• that the harm, or likelihood of harm, is attributable to the care given to him (or likely to be given to him if an order were not made) which falls below a reasonable standard, or
  
  
• the child is beyond parental control.

If the court is satisfied that these conditions are met, it must then decide whether or not to make an order and the type of order it should make. Welfare of the child is paramount, but the court will take into account:

• the child’s wishes (in light of their age and understanding)
• the child’s physical, emotional and educational needs
• how capable each parent is of meeting the child’s needs
• the effect of change on the child
• the child’s age, sex and background, and
• the fact that delay is not usually in a child’s best interest.

If the court makes a care order the local authority then has parental responsibility for the child and has the power to decide the role that the parents will play in the child’s life.

A supervision order lasts for one year but can subsequently be extended by up to three years. It imposes a general duty on the local authority to advise, assist and befriend the child.

Frequently Asked Questions About Care Proceedings

The local authority is threatening to take care proceedings with respect to my child.  What should I do?

Care proceedings are daunting and serious and it is important that you seek immediate legal advice. We can help by advising you at child protection conferences and during any subsequent care proceedings to try to resolve the local authority’s concerns and keep the family united wherever possible. Public funding is available to parents, children or parties with parental responsibility regardless of their means for such proceedings..

If a care order is made, will the child always be removed from the birth family?

Not necessarily. The local authority may decide that it is in the best interests of the child to remain with the family and for the local authority to work with them to address the issues which led to the making of the care order. It may also arrange a residential placement - usually for the mother and the child -  to help address the issues by, for example, improving parenting skills.

If a care order is made, how long will it last?

The care order lasts until a child’s 18th birthday but can be discharged earlier or be changed into a supervision order if the circumstances change.

My child is subject to a care order and the local authority is refusing to allow me contact. What can I do?

When a child is in care the local authority must allow the child reasonable contact with parents. If this is not being given, you can apply to court for permission to see your child. On an application the court may make any order that it thinks appropriate in the case. What is appropriate will of course differ from case to case

 

If you would like to discuss how we might help you, please:

 

• call any of our office numbers listed at the bottom of this page;
• contact one of our specialists direct by clicking on their name below; or
• complete our enquiry form

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Members of our team specialising in this area:

Stephen Holmes, Samantha Reddington

Christine Bell, Sophie Jackson, Joanna McKenna, Julia Wright